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HomeMy WebLinkAbout03/17/2020 06M Sewer Pipe Rehabilitation Priority 1; Agreement with HLA Engineering and Land Surveying, Inc. to\'4\lyy tbxk ik 1 PPP +� PPP d g. A ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.M. For Meeting of: March 17, 2020 ITEM TITLE: Resolution authorizing an agreement with HLA Engineering and Land Surveying, Inc. to provide engineering services together with Task Order 2020-01 for Sewer Pipe Rehabilitation Priority 1 SUBMITTED BY: Scott Schafer, Director of Public Works David Brown,Assistant Director of Public Works Mike Price, Wastewater/Stormwater Division Manager, 249-6815 SUMMARY EXPLANATION: This is a Resolution authorizing a 3-year (2020-2022) contract with HLA Engineering and Land Surveying, Inc. for wastewater collection system design and engineering services. The contract contains all the requirements and obligations that must be met for subsequent Task Orders. The Wastewater Division will submit Task Orders for City Council approval for each project that requires design and engineering services. The projects are identified from the Wastewater Division's !cam Infrastructure Asset Management Program or the current Wastewater Collections System Master Plan. The terms of the agreement would be in an amount not to exceed Three Hundred Twenty-Five Thousand Dollars ($325,000) per year. The 3-year agreement with EXHIBIT A— Scope of Services and EXHIBIT B - Schedule of Rates is attached. The City used the Municipal Research and Services Center (MRSC) of Washington Roster, a statewide small works and consultants roster system, followed by a competitive selection process, in selecting HLA Engineering and Land Surveying, Inc. to provide the engineering services. The first Task Order 2020-01 is for engineering, design, plan and bid preparation and services during construction for the cured-in-place (CI PP) rehabilitation of 42 sections of deficient sewer pipe at the 10 locations shown on the attached Project Location Map. The terms of Task Order 2020-01 would be in an amount not to exceed Two-Hundred Forty-Seven Thousand One Hundred Fifty-One Dollars ($247,151). Task Order 2020-01 with EXHIBIT 1 — Professional Services is attached for review. Funds are budgeted from Wastewater Capital Fund 476 ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety 2 APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution ATTACHMENTS: Description Upload Date Type D Resolution 34/2020 Resolution D 3-loar Agrconent 21272020 Contract 0 Task Order 2D20101 2.0712TO Coiract D Protnct Location Map 341202C cover Memo 3 RESOLUTION NO. R-2020- A RESOLUTION authorizing an agreement with HLA Engineering and Land Surveying, Inc. to provide wastewater collection system engineering services together with Task Order 2020-01 for Sewer Pipe Rehabilitation Priority 1 WHEREAS, the City of Yakima maintains the Wastewater Collections System in accordance with applicable Federal, State and Local regulations; and WHEREAS, the City of Yakima Wastewater Division requires engineering services for improvements on deficient wastewater collection system pipes and manholes as identified by the Icom Infrastructure Asset Management Program or the current Wastewater Collections System Master Plan, as otherwise amended; and WHEREAS, the City of Yakima Wastewater Division representatives have complied with the provisions of RCW 39.80 which concerns the procurement of engineering and architectural services by a city in selecting HLA Engineering and Land Surveying, Inc. as the most qualified Engineering firm to perform the required work; and WHEREAS, the Wastewater Division Icom Infrastructure Asset Management Program has identified forty-two segments of deteriorated sewer pipe as having high priority for rehabilitation; now, therefore WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima to enter into a professional services agreement with HLA Engineering and Land Surveying, Inc., to perform the required engineering services; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute a three-year Professional Services Agreement between the City of Yakima and HLA Engineering and Land Surveying, Inc., in an amount not to exceed Three Hundred Twenty-Five Dollars ($325,000) per year to provide engineering services for the Yakima Wastewater Collections System including Task Order 2020- 01 CIPP Rehabilitation Priority 1 in an amount not to exceed Two Hundred Forty-Seven Thousand One Hundred and Fifty-One Dollars ($247,151); a copy of the Agreement and Task Order 2020- 01 with Exhibit A and Exhibit B are attached hereto and by this reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 17'h day of March, 2020. ATTEST: Patricia Byers, Mayor Sonya Clear Tee, City Clerk For City vrYam � 4mouu��n � : Contract wo � � � ~ � . AGREEMENT ProjectResolution No. SOQ No, ' BETWEEN CITY OF YAKIMA. WASH|NGTON AND , HLA ENGINEERING AND LAND SURVEYING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this day of _~2020. by and between the City ofYakima, VVanhington, a municipal corporation with its principal office at 129 North Second Gtreat, Yakima, VVAB8BD1. (hereinafter referred to as "CITY"), and HLA Engineering and Land Surveying, Inc. (HLA),with its principal office at 2803 River Road,Yakima, WA 98902, (hereinafter referred to as "ENGINEER"); said corporation being licensed and registered to do business in the State of VVonhingtnn, and will provide engineering oen/ioeu under this AGREEMENT for the WASTEWATER COLLECTION SYSTEM CAPITAL IMPROVEMENTS project on behalf of the City of Yakima, herein referred to collectively oa the "PR(]JECT.^ W|TNESSETH: RECITALS WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for the design of numerous revioiono, additions and updates to the City wastewater collection system infrastructure located outside of the wastewater treatment plant facility, hereinafter"the PR[)JECT^, as described in this AGREEMENT, together with subsequent Amendments thereto; and WHEREAS, ENGINEER represents that it has available and offers to provide personnel with knowledge and experience necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of interest prohibited by law from entering into this AGREEMENT; NC)VV. THEFlEFORE, CITY and ENGINEER agree umfollows: SECTION 1 INCORPORATION OF RECITALS AND TERM 1.1 The above recitals are incorporated into these operative provisions of the AGREEMENT. The term of this AGREEMENT shall be for the calendar years 2020. 2021. and 2022 un|onn otherwise terminated oo provided herein. SECTION 2 SCOPE OF SERVICES , 2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in writing by both pmrtiao, duties of ENGINEER shall not be construed to exceed those services specifically set forth herein. 2.0.3 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign, Michael T. Battle, PE. as Principal-in-Charge throughout the term of this AGREEMENT unless other personnel are approved by the CITY. 3.1 Basic Gan/ioen: ENGINEER agrees to perform those tasks described in EXHIBIT A— PROJECT SCOPE OF SERVICES (PROJECT) which is attached hereto and nnoda m part of this AGREEMENT as if fully set forth herein. ENGINEER oho|| be expected to perform the work required by each task or group of tasks that shall be specifically assigned by the City for completion during each year of this contract term. Tasks aho|| be apaoifiom||y assigned by individual ''Took o:\ountmmoa Task ordors\xommu\2ouowmotewum,collection avomm\pmo/HLA Professional Services Agreement For Wastewater conom/ono.00ux Page uf18 n Orders,"to be approved by the City Council prior to the task order's execution, at such time as the City requires them bo be accomplished. Said Task Orders ho ino|ude, but not be limited to, the specific task description, the not to exceed cost and the time for completion thereof, together with any special instructions associated with o particular task. 2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by ENGINEER can be defined in detail at the time this AGREEMENT is exeoutmd, and that additional WORK related to the PROJECT and not covered in Exhibit may be needed during performance of this AGREEMENT. CITY may, at any time, by written order. direct the ENGINEER to navina portions ofthe PROJECT WORK previously completed ina satisfactory manner, delete portions of the PROJECT, or request that the ENGINEER perform additional WORK beyond the scope ofthe PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services." 2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER's cost of, or time required for, performance of any services under this AGFlEEPWENT, a contract price and/or completion time adjustment pursuant to this AGREEMENT shall be made and this AGREEMENT shall be modified in writing and accepted by the parties hereto. 2.2.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and the ENGINEER according to the provisions set forth in EXHIBIT A— PROJECT SCOPE OF SERV|CEG — TAGK L|ST, attached hereto and incorporated herein by this raferanoe, and if so authorized, ahe|| be considered pad of the PROJECT WORK. The ENGINEER mho|| not perform any Additional Services until so authorized by CITY and agreed toby the ENGINEER inwriting. 2.3 The ENGINEER must assert any claim for adjustment in writing within thirty(30)days from the date of the ENG|NEER'm receipt of the written notification of change. SECTION 3 C|TY'SfKESPONS|B|L|T|ES 3.1 CITY-FURNISHED DATA: The CITY will provide tnthe ENGINEER all technical data in the C|TY'm possession relating to the EN{3|NEER'm services onthe PROJECT, including information on any pre-existing conditions known to the CITY that constitute hazardous waste contamination on the PROJECT site as determined by an authorized regulatory agency or qualified professional. 3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to ENGINEER as required for ENGINEER's performance of its services and will provide labor and safety equipment as reasonably required by ENGINEER for such access. 3.3 TIMELY REVIEW: The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, ancounbmnt, auditor, bond and financial adviooro, and other consultants as CITY deems appropriate; and render in xvhUnQ decisions required of CITY in a timely manner. Such examinations and deoiniono, howavar, shall not relieve the ENGINEER of any contractual obligations nor of its duty to render professional services meeting the standards of care applicable to its profession. 3.4 CITY mhmU appoint a C|TY'o Representative with respect to VV<]FlK to be performed under this AGREEMENT. C/TY's Representative shall have complete authority to transmit instructions and receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by the C|TY'o Representative unless otherwise directed in writing by the CITY, but ENGINEER shall be responsible for bringing to the attention of the CITY's Representative any instructions which the ENGINEER believes are inndequata, inuVmp|nte, or inaccurate based upon the ENG|NEER's knowledge. , G:\Contracts&Task Orders\Yakima\2020\Wastewater Collection System\Final HLA Professional Services Agreement For Wastewater Cnoo'mono.onox Page 2of1x o 3.5 Any documents, oon/icoa. ondnaportoprovidedbvtheC|TYhodheENG|NEERanaovai|ab|*oolely as additional information to the ENGINEER and will not relieve the ENGINEER of its professional duties and obligations under this AGREEMENT or by law. The ENGINEER shall be entitled to reasonably rely upon the accuracy and the completeness of such documents,services and reports, but shall be responsible for exercising customary professional care in using and reviewing such donumuntu, oon/icns, and reports and drawing conclusions therefrom. SECTION 4 AUTHORIZATION, PPKOGpkESS,AND COMPLETION 4.1 In signing this AGREEMENT, CITY and ENGINEER agree that atsuch time as the CITY provides ENGINEER specific written authorization to proceed with one or more of the tasks described in EXHIBIT A by Tnah Order ENGINEER shall begin work on said Teak Order. The time for completion of each task shall be stated in the Task Order. SECTION 5 COMPENSATION 5.1 COMPENSATION SHALL BE INVOICED MONTHLY ON AT|ME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in EXHIBIT A. monthly compensation invoices shall be calculated according to EXHIBIT B—SCHEDULE OF RATES, attached hereto and incorporated herein by this noferenoe, on e time spent basis plus reimbursement for direct non- salary expenses. Total compensation paid shall not exceed the Total Task Value stated inthe specific Task Order without prior written approval from CITY. 5.1.1 DIRECT NON-SALARY EXPENSES: Direct Non-Salary Expenses are those costs incurred on or directly for the PROJECT, induding, but not limited to, necessary transportation costs, including current rates for ENG|NEER'evehiu|em; mao|n and lodging; laboratory tonb; and analyses; prinUng, binding and reproduction charges; all costs associated with other outside nonprofessional services and facilities; special CITY- requested and PROJECT-related insurance and performance warranty costs; and other similar costs. Reimbursement for Direct Non-Salary Expenses will be on the basis of actual charges plus a nnaomnob|a nnerhup, not to exceed ton pencant (1096). and on the basis of current rates when furnished by ENGINEER. Estimated Direct Non-Salary Expenses are shown in Exhibit B. 5.1.1.1 Travel nontu, including transportation, |odging, mubaiatwnoe, and incidental expenses incurred by employees of the ENGINEER and each of the Gubnonau|tantsin connection with PROJECT WORK; provided, msfollows: + That a maximum of U.G. INTERNAL REVENUE SERVICE o||uvved cents per mile will be paid for the operaUon, maintanance, and depreciation costs of company or individually owned vehicles for that portion of time they are used for PROJECT WORK. ENGINEER,whenever possible,will use the least expensive form of ground transportation. * That reimbursement for meals inclusive of tips shall not exceed a maximum of forty dollars ($40) per day per person. This rate may be adjusted ona yearly basis. ^ That accommodation shall be at a naoeonmb|y priced hotel/motel. ° That air travel ahmU be by coach o|amo, and mho|| be used only when absolutely necessary. 5.1.2 Telephone charges,computer charges, in-house reproduction charges,first class postage, and FAX charges are not included in the direct expense costs, but are considered included in the Schedule uf Specific Hourly Billing Rates. G:\Contracts&Task Orders\Yakima\2020\Wastewater Collection System\Final HLA Professional Services Agreement For Wastewater oonom/vno.ovo' Page 3of18 7 51.3 Professional Gubconsultarts. Professional Subconsultarts are those costs for engineerng, architeoburo, geobechnica| services and similar professional services approved by the CITY. Reimbursement for Professional 8ubconnu|bsntu will be on the basis of actual costs billed plus a reasonable markup, not to exceed ten percent(10%)for services provided bz the CITY through this AGREEMENT. 5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed Three Hundred Twenty-Five Thousand Dollars /$325.000> during any calendar year for the term of the agreement. The ENGINEER nho|| make all reasonable efforts hncomplete each Task Order within the budget established for that Task Order, and will keep CITY informed of progress toward that end so that the budget or Task Order can be adjusted if found necessary. The ENGINEER is not obligated to incur costs beyond the indicated Task Order budget, as may be adjusted, nor is the CITY obligated to pay the ENGINEER beyond these limits. When any Task Order budget has been increased, the ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase, and provided that the CITY was informed in writing and approved of the additional costs prior to the time such costs were incurred. 5.3 The ENGINEER shall submit to the CITY's Representative an invoice each month for payment for PROJECT services completed through the accounting cut-off day nfthe previous month. Such invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with each invoice identification of the work performed by Task Onder, e summary of time expended on the PROJECT for the current billing period, copies of aubconou|tant invoicen, and any other supporting nnoterim|n determined by the CITY necessary tm substantiate the nnoto incurred. CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will notify the ENGINEER promptly if any problems are noted with the invoice. CITY may question any item in an invoioa, noting to ENGINEER the questionable item(a) and withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with additional supporting information requested. 5.4 If payment is not made within sixty(60)days following receipt of approved invoices, interest on the unpaid bo|onna shall accrue beginning with the sixty-first (G1m) day at the rate of 1.0% per month or the maximum interest rate permitted by |ovv. whichever is |aao; pnovided, however, that no interest shall accrue pursuant to Chapter 38.76 RCVVwhen before the date of timely payment a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of RCVV397G.02U(4). 5.5 Final payment nf any balance due the ENGINEER for PROJECT services will be made within forty- five (45) days after satisfactory completion of the services required by this AGREEMENT as evidenced by C|TY'e written acceptance and after such audit or verification as CITY may deem necessary, together with ENG|NEER'o execution and delivery ofa release of all known payment claims against CITY arising under or by virtue of this AGREEK8ENT, other than such payment claims, if any,as may be specifically exempted by the ENGINEER from the operation of the release in stated amounts to be set forth therein. 5.0 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY of any n|aimo, right, or remedy it may have against the ENGINEER under this AGREEMENT or by |avv, nor shall such payment constitute a waiver, remiomiVn, or discharge by CITY of any failure or fault of the ENGINEER to satisfactorily perform the PROJECT VV{}RK as required under this AGREEMENT. G:\Contracts&Task Orders\Yakima\2020\Wastewater Collection System\Final HLA Professional Services Agreement For Wastewater oonomwno.ovvx Page 4of18 8 SECTION 6 RESPONSIBILITY OF ENGINEER 6.1 The ENGINEER shall be responsible for the professional quality,technical adequacy and accuracy, timely completion, and the coordination of all plans, designs, drawings, specifications, reports, and other services furnished by the ENGINEER under this AGREEMENT. The ENGINEER shall, without additional compensation, correct or review any errors, omissions, or other deficiencies in its plans, designs, drawings, specifications, reports, and other services. The ENGINEER shall perform its WORK according to generally accepted civil engineering standards of care and consistent with achieving the PROJECT WORK within budget, on time, and in compliance with applicable laws, regulations, and permits. 6.2 CITY's review or approval of, or payment for, any plans, drawings, designs, specifications, reports, and incidental WORK or services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the PROJECT WORK. CITY's review, approval, or payment for any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or at law or any cause of action arising out of the performance of this AGREEMENT. 6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors, subconsultants, employees, agents, and representatives shall be acting as independent contractors and shall not be deemed or construed to be employees or agents of CITY in any manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of CITY by reason hereof and shall not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be solely responsible for any claims for wages or compensation by ENGINEER's employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom. 6.4 INDEMNIFICATION: 6.4.1 ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected and appointed officials, agents, officers, employees and volunteers (hereinafter "parties protected")from(1)claims,demands, liens, lawsuits,administrative and other proceedings (including reasonable costs and attorney's fees), and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, action, default, error, omission or willful misconduct arising out of the ENGINEER's performance under this AGREEMENT. In the event that any lien is placed upon the CITY's property or any of the CITY's officers, employees or agents as a result of the negligence or willful misconduct of the ENGINEER, the ENGINEER shall at once cause the same to be dissolved and discharged by giving bond or other necessary satisfaction. 6.4.2 CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the CITY, its employees, or agents in connection with the PROJECT. 6.4.3 If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such third party claim,the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. 6.4.4 Nothing contained in this Section or this AGREEMENT shall be construed to create a liability or a right of indemnification in any third party. G:\Contracts 8 Task Orders\Yakima\2020\Wastewater Collection System\Final HLA Professional Services Agreement For Wastewater Collections.Docx Page 5 of 18 9 6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this AGREEMENT shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER or a subcontractor under workers'or workmens'compensation acts, disability benefit acts, or other employee benefit acts. The ENGINEER specifically and expressly waives its immunity under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the ENGINEER and the CITY. 6.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the purpose of determining compliance with the technical provisions of PROJECT specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor. ENGINEER does not assume responsibility for methods or appliances used by a contractor,for a contractor's safety programs or methods, or for contractors' compliance with laws and regulations. CITY shall use its best efforts to ensure that the construction contract requires that the contractor(s) indemnify and name CITY, the CITY's and the ENGINEER's officers, principals, employees, agents, representatives, and engineers as additional insureds on contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER professional liability. 6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observation, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard of professional care, thoroughness and judgment in such investigations. SECTION 7 PROJECT SCHEDULE AND BUDGET 7.1 The general PROJECT task schedules and the budgets for each task identified in subsequent Task Orders shall be as set forth in this AGREEMENT, the attachments hereto and the individual Task Orders. The PROJECT schedule and performance dates for the individual tasks shall be mutually agreed to by the CITY and the ENGINEER. The performance dates and budgets for tasks may be modified only upon written agreement of the parties hereto. The performance date for tasks shall not be extended, nor the budget increased because of any unwarranted delays attributable to the ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by special services requested by the CITY or because of unavoidable delay caused by any governmental action or other conditions beyond the control of the ENGINEER which could not be reasonably anticipated. 7.2 Not later than the tenth(10th)day of each calendar month during the performance of the PROJECT, the ENGINEER shall submit to the CITY's Representative a copy of the current schedule and a written narrative description of the WORK accomplished by the ENGINEER and subconsultants on each task, indicating a good faith estimate of the percentage completion thereof on the last day of the previous month. Additional oral or written reports shall be prepared at the CITY's request for presentation to other governmental agencies and/or to the public. SECTION 8 REUSE OF DOCUMENTS 8.1 All internal WORK products of the ENGINEER are instruments or services of this PROJECT. There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers, employees,subcontractors,and affiliated corporations from all claims,damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to such unauthorized reuse, change, or alteration; provided, however, that the ENGINEER will not be G:\Contracts 8 Task Orders\Yakima\2020\Wastewater Collection System\Final HLA Professional Services Agreement For Wastewater Collections.Docx Page 6 of 18 10 indemnified for such claims, damages, |oaoao, and coots, including, without limitation, litigation expenses and attorney fees if they were caused by the ENG|NEER's own negligent acts or omissions. 8.2 The ENGINEER agrees that any and all p|mno, drevvingn, deaigna, npeoifinohonn, computer programs, technical reports, operating manuals, calculations, notes, and other WORK submitted or which are specified bnbedelivered under this AGREEMENT orwhich are developed o,produced and paid for under this AGREEMENT, whether or not complete, shall be owned by and vested in the CITY. 8.3 All rights to patentu, tradennarko, copyrighto, and trade secrets owned by ENGINEER (hereinafter "Intellectual Property") as well as any modificationn, updates or enhancements to said Intellectual Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER does not grant CITY any right or license bo such Intellectual Property. SECTION 9 AUDIT AND ACCESS TO RECORDS 9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other evidence directly pertinent to performance of the WORK under this AGREEMENT in accordance with generally accepted accounting principles and practices consistently applied. The CITY, orthe CITY's duly authorized representative, shall have access to such books, records, documents, and other evidence for inspection, audit, and copying for a period of three years after completion of the PROJECT. The CITY oho|| also have access to such bookm, recorda, and documents during the performance of the PROJECT WORK, if deemed necessary by the CITY,to verify the ENGINEER's WORK and invoices. 9.2 Audits conducted pursuant tothis section shall be in accordance with generally accepted auditing standards and established pnmooduneo and guidelines of the reviewing or auditing agency. 9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from auueom to records pursuant to this section provided that the ENGINEER is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will inn|udaEN{]|NEER'm written comments, if any. 9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for WORK onthe PROJECT. 8.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately substantiated shall be reimbursed to the CITY. SECTION 10 INSURANCE 10.1 At all times during performance of the VV[>RK. ENGINEER shall uaoune and maintain in effect insurance to protect the CITY and the ENGINEER from and against all o|ainmu. dennogeo. |000ao, and expenses arising out ofor resulting from the performance of this AGREEMENT. ENGINEER shall provide and maintain in force insurance in limits no |eao than those stated bo|ow, as applicable. The CITY reserves the right to require higher limits should it deem it necessary in the best interest of the public. |f ENGINEER carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and ENGINEER shall ba named amon additional insured for such higher limits. 10.1.1 Commercial General Liability Insurance. Before this AGREEMENT in fully executed by the pmrtieo. ENGINEER shall provide the CITY with o certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the po|iny, subject to minimum limits of Two Million OoUmro (82.000.000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2.00O.00O.00) general aggregate. The certificate shall G:\Contracts&Task Orders\Yakima\2020\Wastewater Collection System\Final HLA Professional Services Agreement For Wastewater oonvm/ono.00vx Page rnf18 11 clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this AGREEMENT. The policy shall name the CITY, its elected and appointed officials, officers, agents, amp|oyees, and volunteers aoadditional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty (30)calendar days prior written notice. The insurance shall be with mn insurance company or companies rated A- V|| orhi0herinBeo1'uGuideandadmittedintheGtateofVVnmhinghnn. Subcontractors: If subcontractors will be used, the same terms and limits of coverage will apply, and a certificate will be required per the instructions above. 10.1.2. Commercial Automobile Liability Insurance. m. /f ENGINEER owns any vehio|ae, before this AGREEMENT is fully executed by the padiea. ENGINEER mhm|| provide the CITY with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply ho "Any Auto" and be shown on the certificate. b. |f ENGINEER does not own any vehicles, onk/ ^Non'owned and Hired Automobile Liability"will be required and may be added to the commercial liability coverage at the nomn limits as required in that section of this AGREEMENT, which is Section 10.1.1 entitled "Commercial General Liability |nouranoe." c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b., the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy oho|| be in effect for the duration of this AGREEMENT. The policy shall name the CITY, its elected and appointed offioim|o, offinero, e0anta, amp|oyeeo, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Beat'a Guide and admitted in the State of Washington. 10.1.3. Statutory workers' compensation and employer's liability insurance as required by state law. 10.1.4, Professional Liability Coverage. Before this Contract is My||y executed by the pnrboo. ENGINEER shall provide the CITY with a certificate of insurance as proof of professional liability coverage with n total liability limit of the limits required in the po|iuy, subject to minimum limits of Two Million Dollars ($2.000.000.00) per claim, and Two Million Dollars ($2.000.000.00) aggregate. The certificate mheU clearly mbaba who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall bein effect for the duration of this Contract. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with,an insurance company or companies rated A, V|| orhigherinBeot'oGuide. |f the policy io written ono claims-made basis the coverage will continue in force for an additional two years after the completion of this contract. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice theri0htooftheC|TY. itoe|eotedandappmintedoffioia|a.offioera.emp|oyeee. mganta, and representatives there under. The CITY and the C|TY'aelected and appointed offinia|o, offioern, principa|o, emp|oyeem, rnpneoentabveo, and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance. None of the policies issued pursuant to the requirements contained herein shall be oance|ed, allowed to expire, or changed in any manner that affects the rights of G:\Contracts&Task Orders\Yakima\2020\Wastewater Collection System\Final HLA Professional Services Agreement For Wastewater oonoct/000.00xx Page 8of18 � 12 � the CITY until thirty(30)days after written notice to the CITY of such intended cancellation, expiration orchange. SECTION 11 SUBCONTRACTS 11.1 ENGINEER mhmU be enUUad, to the extent determined appropriate by ENG|NEER, to subcontract any portion of the WORK toba performed under this AGREEMENT. 11.2 Any euboonnuKents or subcontractors to the ENGINEER utilized on this PROJECT, including any substitutions thereof, will be subject to prior approval by C|TY, which approval shall not be unreasonably withheld. Each subcontract shall be subject bn review bv the C|TY'uRepresentative, if requested, prior to the mubconou|tmntorsubcontractor proceeding with the WORK. Such review shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER shall be responsible for the architectural and engineering performmonoa, mnto, and omissions of all persons and firms performing subcontract WORK. 11.3 CITY hereby authorizes the ENGINEER to subcontract with additional persons or firmo, with prior approval of the CITY, for the purpose of completing this AGREEMENT. 11.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed by oubconeu|tonts and subcontractors during the preceding month and copies of all invoices thereto. SECTION 12 ASSIGNMENT 12.1 This AGREEMENT is binding on the heirs, successors and assigns of the parties hereto. This AGREEMENT may not be assigned by CITY or ENGINEER without prior written consent of the other,which consent will not ba unreasonably withheld. |tio expressly intended and agreed that no third-party beneficiaries are created by this AGREEMENT,and that the rights and remedies provided herein shall inure only tm the benefit of the parties to this AGREEMENT. SECTION 13 INTEGRATION 13.1 This AGREEMENT represents the entire understanding of CITY and ENGINEER as to those matters contained herein. Nn prior oral or written understanding shall beVf any force or effect with respect to those matters covered herein. This AGREEMENT may not be modified mr altered except in writing signed by both parties. SECTION 14 JURISDICTION AND VENUE 14.1 This AGREEMENT shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this AGREEMENT shall be in Washington State. If any part of this AGREEMENT is found to conflict with applicable |awa, such part shall be inoperaUve, nu||, and void insofar as it conflicts with said |mws, but the remainder of this AGREEMENT shall be in full force and effect. Venue for all disputes arising under this AGREEMENT shall lie in a court of competent jurisdiction in Yakima County, Washington. SECTION 18 EQUAL EMPLOYMENT and NONDISCRIMINATION 15.1 During the performance of this AGREEyWENT. ENGINEER and ENG|NEER'm eubconnu|tonto and subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, aex, rooe, creed, re|igion, uo|or, national origin, marital etatuo, dieabi|ih/, honorably discharged veteran or military ototuo, pregnanuy, oaxuo| orientmtion, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: emp|oynnent, upgrading, demotion, tnonafer, recruitment, advertising, layoff or ternninoUmn, rates of pay or other forms of compensation, selection for training, and the provision of services under this AGREEMENT. ENGINEER agrees to comply with the applicable o:\oontrumvu Task o,00m\Yamma\2000wvaomwao,Collection avntem\pma/HLA Professional Services Agreement For Wastewater conoct/ono.000x Page 9of18 13 provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. SECT|ONi0 SUSPENSION OF WORK 16.1 CITY may ouopend, in writing by certified mai|, all or a portion of the WORK under this AGREEMENT if unforeseen circumstances beyond C|TY'u control are interfering with normal progress oy the WORK. ENGINEER may suspend, in writing by certified mail, all ura portion ofthe WORK under this AGREEMENT if unforeseen circumstances beyond ENG|NEER'o control are interfering with normal progress of the WORK. ENGINEER may suspend WORK un the PROJECT in the event CITY does not pay invoices when due, except where otherwise provided by this Agreement. The time for completion of the WORK shall be extended by the number of days WORK is suspended. If the period of suspension exceeds ninety(90)days,the terms of this AGREEMENT are subject to renegotioUun, and both parties are granted the option to terminate VV{JRK on the suspended portion of PROJECT in accordance with SECTION 17. SECTION 17 TERMINATION OFWORK 17.1 Either party may terminate this AGFlEEPNENT, in whole or in pmrt, if the other party materially breaches its obligations under this AGREEMENT and is in default through no fault of the terminating party. Howevar, no such termination may beeffected unless the other party iogiven: (1) not less than fifteen (15) calendar days written notice delivered by certified mai|, return receipt requeated, of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party before termination. Notice shall be considered issued within seventy-two (73) hours of mailing by certified mail to the place of business of either party as set forth in this AGREEMENT. 17.2 In addition to termination under subsection 17.1 of this GeoUon. CITY may terminate this AGREEMENT for its convenience, in whole orin port, provided the ENGINEER is given: /1\ not |eno than fifteen /15\ calendar days written notice delivered by certified mai|, return receipt requomted, of intent to terminate; and (2) on opportunity for consultation with CITY before the effective termination date. 17.3 |f CITY terminates for default on the part of the ENG|NEER, an adjustment in the contract price pursuant to the AGREEMENT shall be mode, but no amount shall be allowed for anticipated profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to the extant of any additional costs or damages CITY has inourned, or is likely to inour, because of the ENG|NEER'o breach. In such avont. CITY ahm|| consider the amount of WORK originally required which was satisfactorily completed to date of termination. whether that WORK is in a form ornfe hype which is usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself or of employing another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. In the event of default,the ENGINEER agrees to pay CITY for any and all damages, 000to, and expenses whether directly, indinecdy, or consequentially caused by said default. This provision shall not preclude CITY from filing u|ainna and/or commencing litigation to secure compensation for damages incurred beyond that covered by contract retoinoge or other withheld payments. 17.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience, the adjustment pursuant to the AGREEMENT shall include payment for services satisfactorily performed to the data of termination, in addition to termination settlement costs the ENGINEER reasonably incurs relating to commitments which had become firm before the termination, unless CITY determines tw assume said commitments. 17.5 Upon receipt ofa termination notice under subsections 17.1 or17.2 above, the ENGINEER shall (1) promptly discontinue all services affected (unless the notice directs othenwine). and /2\ de|iver or otherwise make available to CITY all originals of data, drawingo, upecifiooUons, no|cu|aUpno, naporta, eatimmbam, oummahas, and such other informoUon, dooumanbe, and mobarim|m as the G:\Contracts&Task Orders\YakimaUO20\Wastewater Collection System\Final HLA Professional Services Agreement For Wastewater nonum/vnv.00vv Page 1Oof18 14 ENGINEER or its nubconoubonts may have accumulated or prepared in performing this AGREEyWENT, vvhathox completed or in pro0reoo, with the ENGINEER retaining copies of the same. 17.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK to completion utilizing other qualified firms or individuals; provided. the ENGINEER shall have no responsibility to prosecute further WORK thereon. 17.7 If, after termination for failure of the ENGINEER to fulfill contractual ob|igationo, it in determined that the ENGINEER has not aofailed, the termination shall be deemed to have been affected for the convenience ofCITY. In such event, the adjustment pursuant to the AGREEMENT shall be determined ma set forth in subparagraph 17.4of this Section. 17.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key personnel employed by the ENGINEER in PROJECT VVC}RK or for any corporate officer of the ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its obligations to complete performance under this AGREEMENT without the concurrence and written approval ofCITY. If CITY agrees to termination of this AGREEMENT under this provision, payment shall bm made on set forth in subparagraph 17.3of this Section. SECTION 18 DISPUTE RESOLUTION 18.1 In the event that any dispute ehm|| arise as to the interpretation or performance of this AGFlEEyWENT, or in the event of o notice of default as to whether such default does constitute a breach of the oontract, and if the parties hereto cannot mutually settle such differenoeo, then the parties ohm|| first pursue mediation an a means to resolve the dispute. |f neither ofthe afore mentioned methods are successful then any dispute relating to this Agreement shall be decided in the courts of Yakima Counhy, in accordance with SECTION 14. If both parties consent in writing, other available means of dispute resolution may baimplemented. SECTION 19 NOTICE 19.1 Any notice required to be given under the terms of this AGREEMENT shall be directed to the party ot the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee-party, or seventy-two /72> hours after mailing by certified mail to the place of business set forth below, whichever ioearlier. CITY: City ofYakima Attn: Dana Km||eviQ, Utility Project Manager 322D East Viola Avenue Yakima, VVAQ80U1 ENGINEER: HLA Engineering and Land Surveying, |nc. (HLA) Attn: Michael T. Bott|e, PE, President 28O3 River Road Yakima, VVAQG8O3 ^ o:`oontraotsa Task omonx,amma\2mzowvostewat°,Collection a/stem\Fma/Hu^Professional Services Agreement For Wastewater convm/onn.ovvx PuQo 11 of18 15 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective authorized officers or representatives as of the day and year first above written. CITY OF YAKIMA HLA ENGINEERING AND LAND SURVEYING, INC, parr Signature Signature Printed Name: Printed Name: Michael T. Battle, PE Title: Title: President Date' Date: iff/ Attest City Clerk a\Contracts&Task Orders\Yakima\20204Wastewater Collection SystemlFinal HLA Professional Services Agreement For Wastewater Collections.Docx Page 12 of 18 16 STATE OFVVASH|NGTON COUNTY OFYAK|MA ) | certify that | know orhave satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized ho execute the instrument, and acknowledged itmothe _~____- _ of the CITY OF YA0yNA., to be the free and voluntary act of such party for the uomo and purposes mentioned in the instrument, Dated: Seal orStamp (Signature) Title Printed Name ' My commission ewpinao| . ^ a:vzonoamsu Task omomnaumu\2uumwostowate,Collection a'stum\pma/HLx Professional oorvmooAnmoment For Wastewater n000mwnoonox Page 13uf18 17 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that Michael T. Battle, PE is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the President of HLA Engineering and Land Surveying, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated Z Seal or Stamp (Signature) ,‘‘tillifiritt, e c e 'Pet 1 fie Title 414. /-/ ** T .4r • *4 +00 0 a 0 - . Printed Name * z = * • /1) $.* My commission expires: ore \‘‘, G:\Contracts&Task OrdersWakima\2020\Wastewater Collection System\Final HLA Professional Services Agreement For Wastewater Collections.Docx Page 14 of 18 18 EXHIBIT A PROJECT SCOPE OPSERVICES CITY OFYAKIMA WASTEWATER COLLECTION SYSTEM CAPITAL IMPROVEMENTS Pedbnn Engineering uen/imen as requested by the CITY for the Wastewater Collection SvoUum Capital Improvements. CITY shall create Task {}njer/o\ for each specific task assigned. All Task Orders will be mutually agreed upon for specific scope of work, time of performance and fee for service, prior to approval by the CITY and any commencement of work. Each invoice prepared by ENGINEER ahm|| specify the TASK ORDER for which payment is requested, the work performed thereon during the invoice period and any specific information related to the identified Tasks. The contract term for this AGREEMENT shall be for calendar years 2O2D. 2O21. and 2O22. Task Orders in progress and budgeted during this term nhn|| be completed in accordance with the approved schedule for each Task Order. The Wastewater Collection System Capital Improvements shall be based on the following, as directed by the CITY: Wastewater Collection System Plan, dated July 2013, or as otherwise amended; and Areas of high need repairs and upgrades to the existing collection system as identified by the Icom Infrastructure Asset Management Program. All Task Orders will ba based on improvements identified in these Plans. These Plans are subject tochange by the CITY ao individual projects ereoomp|mtodand/ornewarmaoofuoncernareidenUfied. Improvements will be prioritized by the CITY and Task Orders developed accordingly. a:\contramoa Task Vmo,s\xvmmumoumwonwwmm,Collection avot°m\pmo/Huv Professional Services Agreement For Wastewater oonom/uno.00vx Page 15of18 19 EXHIBIT B SCHEDULE OF RATES FOR HLAEnqimewMmq and Land Sur*eVinq. Inc Effective January 1. 2020. through December 31, 2020 Senior Principal Engineer $315.00 per hour Licensed Principal Land Surveyor $207.D0 per hour Licensed Principal Engineer $193.00 per hour Licensed Professional Engineer $175.00 per hour Other Licensed Professional $175.DO per hour Licensed Professional Land Surveyor $180.0U per hour Project Engineer $145.0O per hour Senior Planner $132.0O per hour Contract Administrator $132.00 per hour CAD Technician $127.O0 per hour ReoidentEngineer/|nopeobor $11R.O0 per hour Senior Engineering Technician $11S.00 per hour Surveyor $11Q.UU per hour Surveyor on Two Man Crew $113.OD per hour Surveyor on Three Man Crew $1D1.00 per hour Engineering Technician G84.OD per hour Word Processing Technician $B4.UU per hour Vehicle Mileage Federal Rate G:\Contracts&Task Orders\Yakima\2020\Wastewater Collection System\Final HLA Professional Services Agreement For Wastewater nunow/onn.000x Pogo 16of18 oo EXHIBIT B SCHEDULE OPRATES FOR HLAEnq|nmwrinq and Land Survev|mq. Inc. Effective January 1, 2021. through December 31, 2021 Senior Principal Engineer $222.OD per hour Licensed Principal Land Surveyor $210.00 per hour Licensed Principal Engineer $2OO.DO per hour Licensed Professional Engineer $1BO.00 per hour Other Licensed Professional $180.DO per hour Licensed Professional Land Surveyor $1G4.00 per hour Project Engineer $150.DD per hour Senior Planner $138.DO per hour Contract Administrator $136.00 per hour CAD Technician $13O.00 per hour Resident Engineer $123.00 per hour Senior Engineering Technician $122.00 per hour Surveyor $122.OU per hour Surveyor on Two Man Crew $115.OU per hour Surveyor on Three Man Crew $1O2.00 per hour Engineering Technician $87.UO per hour Word Processing Technician $87.00 per hour Vehicle Mileage Federal Rate ' G:\Contracts&Task Orders\Yakima\2020\Wastewater Collection System\Final HLA Professional Services Agreement For Wastewater oonocuonx.00vx Page 1rof1u 21 EXHIBIT SCHEDULE OPRATES FOR HLAEnq|neer|nq and Land Survev|mq. Umc. Effective January 1. 2022' through December 31. 2022 Senior Principal Engineer $229.O0 per hour Licensed Principal Land Surveyor $213.0O per hour Licensed Principal Engineer $2O8.DO per hour Licensed Professional Engineer $18G.00 per hour Other Licensed Professional $185.O0 per hour Licensed Professional Land Surveyor $1G7.O0 per hour Project Engineer $i55.O0 per hour Contract Administrator $142.00 per hour Senior Planner $13G.DU per hour CAD Technician $133.00 per hour Resident Engineer $12G.00 per hour Senior Engineering Technician $120.0O per hour Surveyor $124.00 per hour Surveyor on Two Man Crew $117.O0 per hour Surveyor on Three Man Crew g104.O0 per hour Engineering Technician $0O.00 per hour Word Processing Technician $SD.0O per hour Vehicle W1i|aogm Fadanm| Rate G:\Contracts&Task Orders\Yakima\2020\Wastewater Collection System\Final HLA Professional Services Agreement For Wastewater conoouono.ovox Page 18nf18 � � oo TASK ORDER NO. 2020-01 - REGARDING AGREEMENT BETWEEN CITY OF YAKIMA (CITY CONTRACT NO. 2O2U_ RESOLUTION NO. R- OQO- ) AND HLA ENGINEERING AND LAND SURVEYING, INC., (HLA) PROJECT DESCRIPTION: Wastewater Collection System Capital Improvements /C|PP Rehab0itat|onPMoritv I (PROJECT) HLA Project No. 20E The City ofYakima (CITY) desires to rehabilitate approximately 12.000 linear feet (LF) of sanitary sewer � collection pipelines at various locations throughout the CITY, necessary to properly maintain and operate existing sewer mains. Rehabilitation pipeline segments include the following: 1. Line North of Yakima Avenue between 7th Avenue and 2ndAvenue ' Segments 5459. 577O. 7G88. 5457. 545B. 7G7O. 7GQ2 2. Miscellaneous lines North of Yakima Avenue Segments 7G7G. 7G75. 11DO4. 7O74 Segments ?G81. 7G8D. 7879 Segment7882 3. Line Running Under City of Yakima Wastewater Collections Building Segments 7034. 543U. 7G32. 7G31. 550O 4. KFC, Bi-[Nort. Comprehensive Mental Health line Segments 7G47. 7G4&. 7848. 7625. 7G24. 7G23. 7022 5. Del Monte, Walnut south Segments 7G38. 7G35. 7838. 1O123. 1O284 0. Davis High School Segments 5435. 543G 7. North mf5th Avenue Safeway 8egment54G3 8. South of City Legal Center Gogmont6831 9. Beech, GthStreet Segments G948. G040. 8850. 0S51 10. McKinley Avenue and 10thAvenue Segments 75G8. 7585 uAControctou Task omom\Yommo\2ouowvastewute,Collection ovstom\2o1o'1u-2nn/pp'Task Order uou0-Ol.uocx Page 1of7 oo SCOPE OF SERVICES: At the direction of the CITY, HLA Engineering and Land Surveying, Inc. (HLA), mhmU provide professional engineering and land surveying services for the PROJECT. HLAoerviceo ohoU include: 1.0 0emimEnqineeMnq 1.1 Provide complete PROJECT management to deliver the PROJECT within mutually determined expectations. 1.2 Attend two (2) PROJECT meetings with CITY staff mt 8096 and 9096 plan completion to fully novimvv all elements of the PROJECT. 1.3 Perform detailed field investigations necessary to design the identified improvements, including invert elevation measurements and manhole condition assessment. 14 Review video inspection files of the sanitary sewer main segments as provided by the CITY, review pipeline condition, and identify existing side sewer connection locations. 1.5 Assist CITY with preparing informational worksheets for CITY distribution to nearby property owners, aorequested. ' 1.6 Perform the preliminary design and present 60% preliminary plans to the CITY prior to detailing final Plans. 1.7 Review and discuss 8O96 preliminary plans with CITY staff. 1.8 Incorporate CITY 60% review comments and prepare draft 90% design plans, specifications, and construction cost estimate(P8&E)for review and approval bvCITY. 1.9 Incorporate CITY 8096 review comments and prepare final design P88E for publicly-bid improvements. 1.10 Following receipt of authorization from CITY, prepare advertisement for bids and provide to the CITY for use and implementation. All fees associated with bidding will be paid by the CITY. 1.11 Upon authorization from the CITY, furnish electronic copies of the final documents suitable for bidding. It is anticipated that one (1) complete set of plans and specifications for one (1) bid call/solicitation will baprepared. Additional bid packages will ba considered additional services. Six (8) printed copies of the contract documents will be made for later distribution to the CITY and Contractor after contracts are awarded. 1.12 Submit bid advertisement tn the Yakima Herald Republic. , 1.13 Post contract plans and specifications to the HLA website for bidding purposes, 1.14 Prepare and maintain p|onho|dern list, including CITY ntoff, private utility companieo, and plan centers. 1.15 Answer and supply such information ao requested by prospective bidders. 1.16 Prepare and issue addenda, iynecessary. 1.17 Attend bid opening and participate in the bid evaluation process. 1.18 Prepare tabulation of all bids received by the CITY and review bidder's qualifications. 1.19 Make recommendation of construction contract award to the lowest responsible bidder. oA:nntramoa Task ordormvoumu\2oumwuomwum,Collection ovmnm\2o1o'1u-2xo/pp Task Order e000-01uom' Page 2of7 24 1.20 Coordinate execution of the Contract with the CITY and Contractor, including review of bond and insurance requirements. 2.0 ConmtmuotionEnq|nmmr|nq 2.1 Coordinate and facilitate pnaconobootion meeting with the C|TY. Contranbor, private uU|iUoe. daffected on agencies. 2.2 Prepare and issue notice to proceed to the Contractor, . 2.3 Assist CITY with preparing construction impacts informational worksheets;for CITY distribution bz nearby property owners, as requested. 2.4 Furnish e qualified resident engineer(innpeutohbz observe construction at the PROJECT site during all significant work. The resident engineer aho|| provide surveillance of construction for nubmtmnUo| compliance with plans and specifications. 2.5 Perform measurement and computation of pay itemu, prepare and file progress reports on the PROJECT with the C|TY, and provide monthly progress pay maUmatam to the CITY. 2.8 Administer bi+week|yconstruction meetings as requested by CITY. 2.7 Consult and advise the CITY during construction and make a final report of the completed work. 2.8 The CITY is required to monitor the Contractor's payment of prevailing wage rates. As part of construction nervicea. HL/\will monitor General Contractor and Subcontractor compliance with State labor standards during the construction phase of the PROJECT. This work includes checking monthly certified pmyro||n, conducting employee interviews in the field, and issuing letters of non-compliance and/or letters of missing documents. 2.8 Review Contractor's submission of samples and shop drawings, where applicable. 2.18 Recommend progress payments for the Contractor to the CITY. 2.11 Prepare and submit proposed contract change orders when applicable. 2.12 Perform final walk-through with the CITY and Contnantmr, and issue final punch|ioL 2.13 Prepare and furnish reproducible record drawings of all completed work from as-built drawings furnished by the resident engineer and Contractor. 3.0 Additional Services Provide professional engineering and land surveying services for additional work requested by the CITY that io not included above. �4.0 Items to be Furnished and PkmmDmnm|b|Uitv of CITY The CITY will provide or perform the following: 4.1 Provide full information mato CITY requirements of the PROJECT" 4.2 Assist HLAby providing all available information pertinent bothe PR{}JECT, including previous repodo, drovvinga, p|ata, aun/eya, uU|ih/ recorda, and any other data relative to design and construction of the PROJECT. 4.3 Contact property owners affected by the PROJECT and gain necessary access to property for field inveoUgmtion, dooign, and construction of improvements. aAoontmomm Task omomwammo\2oumwaotewmtornoneonnnovemm\2o1o'1u-2un/pp'Task Order u000�1.unox Page 2of7 on 4.4 Examine all otudiea, noports, ohetchma, eotmateo, opooificaUons, drawinga, propoaols, and other documents presented by HLA and provide written decisions within a reasonable time as not to delay the work ofHLA. 4.5 Obtain approval of all governmental authorities having jurisdiction over the PROJECT and approvals and consents from other individuals or bodies as necessary for completion of the PROJECT. 4.0 Pay for project bid advertisement costs. 4.7 Pay for all necessary testing costs and permit fees, TIME OF PERFORMANCE: The services called for under this Task Order shall be completed as follows: 1.0 Des!-qn Enq|nmer|nq 60% preliminary plans shall be completed within 90 calendar days following receipt of signed Task Order. Each ouooaooive plan review set (90Y6 and final) ahmU be completed within 30 oo|ende, days of comment receipt from that previously submitted set. 2'0 Commtruct|on2nqinewr|nq Engineering services during construction for the PROJECT shall begin upon construction contract award by the CITY to the lowest responsible bidder and shall extend through both the completion of construction and completion of as-constructed drawings and labor documentation c|ooeout, as requested and directed by the CITY. A maximum of85 working days has been assumed for the construction of improvements. Should the Contractor be granted time extensions for construction completion due to recognized delays, requested additional work, and/or change orders, engineering services beyond the 65 working days shall bm considered additional services. 3.0 AdditionalSern|sem ' Time of completion for work directed by the CITY under additional services shall be negotiated and mutually agreed upon at the time of service requested by the CITY. FEE FOR SERVICE: For the services furnished by HLA as described under this Task Order, the CITY agrees to pay HLA the fees mn set forth herein. The amounts listed below may be revised only by written agreement of both parties. 1.0 0em|qn Emq|nemrinq All work shall be performed on a time-spent basis at the normal hourly billing rates in affect at time of the Task Order. All work directed by the CITY for this PROJECT phase nho|| be performed on a time-spent basis at the hourly billing rates provided in EXHIBIT B of the Agreement (City Contract No. 2020'___. Resolution No. R-2020' ). plus reimbursement for direct non-salary expenses as described in section 5.1.1. An estimate of time and expenses for services in provided in EXHIBIT 1 below. The estimated maximum fee for this work im$108.80O.00. 2.0 Construction 2nqinemr|nq All work shall be performed on a time-spent basis at the normal hourly billing rates in affect at time of the Tank C>ndec All work directed by the CITY for this PROJECT phase nhe|| be performed on obmne'apent basis at the hourly billing rates provided in EXHIBIT B of the Agreement (City Contract No. 2020'___. Resolution No. R'2020- ). plus reimbursement for direct non-salary expenses as described in section 5.1.1. An eoUrnmte of time and expenses for services is provided in EXHIBIT 1 below. The estimated maximum fee for this work ia$137.30U.U0. oAcomrammu Task omom\Yummu\2oumwontewote,Collection ovmom\2o1n'1u-2oo/pp Task Order oouo�l.00vx Page 4of7 26 3.0 Additional Services Any additional work requested by the CITY that is not included above shall be authorized by the CITY and agreed upon by HLA in writing prior to proceeding with the services. HLA will perform the additional services as directed/authorized by the CITY on a time-spent basis atthe hourly billing rates included in our General expenses Agreement, plus reimbursement for direct non-salary such as laboratory testing, printing expenses, vehicle mileage, out-of-town travel costs, and outside consultants. Proposed: ir 410111Diti,04 /Z_c) HLA ngineering and L d S eying Inc Date Michael T. Battle, PE, President Approved: City of Yakima Date City Manager G:\Contracts&Task Orders\Yakima\2020\Wastewater Collection System\2019-12-23 C1PP-Task Order 2020-01.docx Page 5 of 7 27 EXHIBIT 1 — PROFESSIONAL SERVICES During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: CIPP Rehabilitation Priority 1 (PROJECT) Task Order No. 2020-01 HLA Project No. 20 E For the services described in Task Order No. 2020-01, compensation shall be paid per Section 5 of the Agreement (City Contract No. 2020- , Resolution No. R-2020- ). The following spreadsheet shows the estimated time and expenses to perform said services. Project Title: CIPP Rehabilitation Priority 1(Task Order 2020-01) Client: City of Yakima City Contract Number: 2020- Date: December 23,2019 ENGINEER'S HOURLY ESTIMATE Senior Licensed Project Licensed Two Man CAD Word Task Principal Principal Engineer Land Survey Technician Processing Total Task Direct Project Task No. Engineer Engineer Surveyor Crew Technician Hours Costs $215 $193 $145 $160 $113 $127 $64 - , 1.0 DESIGN ENGINEERING 1 Project Management 6 20 20 0 . 0 0 0 46 $4,190 2 Project Meetings 3 10 10 , 0 0 0 0 23 $2,095 3 Field investigations and field surveying 0 0 20 6 12 12 0 50 $5,780, 4 Pipeline evaluation,review video inspection 0 20 40 0 0 0 0 60 $5,800 5 Prelim inarydesign 6 20 72 6 0 76 20 200 $23,062 - 6 In-house project review,gualitycontrol 6 12 20 0 0 20 12 70 $7,738 7 Incorporate Agency review comments 0 6 24 0 0 24 24 78 $8,544 8 Final design,plans,and specifications 6 12 40 0 0 32 20 110 $12,834 9 Prepare estimate of construction cost 0 3 6 0 0 6 0 15 $1,632 10 Copies of plans and specifications 0 6 12 0 0 0 6 24 $2,244 ../ - 11 ;Answer bidder questions 0 6 20 0 0 0 0 26 $2,900 12 Prepare and issue addenda 0 6 6 0 0 6 6 24 $2,136 13 Attend bid opening 0 6 6 0 0 0 0 12 $870 ,.. 14 Prepare tabulation of bids 0 6 0 0 0 0 6 12 $504 15 Make recommendation of contract award 0 6 0 0 0 0 " 6 12 $504 Labor Subtotal 27 139 296 12 12 176 1 100 762 $109,580, EXPENSES: Trawl: Cost/Unit Ground Days Days Miles Mileage $0,58 120 $69.60, Meals/Lodging $0.00 Misc.Expenses: Advertisement . . Telephone Postage Printing 6 copies plans/specs $180.00 Sub-Consultants: None Anticipated I $0.00] I 'Multiplier 1 1.1 $0.00 Subtotal-Labor $109,580,00 Subtotal-Expenses $249.60 Total-DESIGN ENGINEERING $109,829.60 a\Contracts&Task Orders\Yakimat2020\Wastewater Collection System\2019-12-23 CIPP-Task Order 2020-01.docx Page 6 of 7 28 Project Title: CIPP Rehabilitation Priority 1 (Task Order 2020-01) Client: City of Yakima City Contract Number: 2020- Date: December 23, 2019 ENGINEER'S HOURLY ESTIMATE Licensed Project Resident Contract Engineering Task Principal Engineer Engineer/ Administrator Technician Total Task Direct Project Task No. Engineer Inspector Hours Costs $193 $145 ' $119 $132 $84 , . 2.0 CONSTRUCTION ENGINEERING 1 Assist Citywith Review/Contract Prep. 3 3 0 6 3 15 $2,058 2 Conduct Pre-Construction Meeting 6 6 0 6 6 24 $3,324 3 'Construction Observation 6 6 650 0 0 662 $79,378 4 Field Inspection Reports 0 3 65 6 6 80 $9,466 5 Construction Administration 3 20 0 30 30 83 $9,959 6 'Construction Meetings 3 6 6 6 6 27 $3,459 .• 7 Submittal Review 3 16 6 12 16 53 $6,541 8 State Labor Standards Compliance 0 3 3 24 24 54 $5,976 9 Progress Payments 6 3 6 12 6 33 $4,395 10 Change Orders 0 3 3 12 6 24 $2,880 11 Final Walk-Through/Punchlist 3 6 6 6 6 27 $3,459 12 Project Closeout 0 6 6 8 8 28 $3,312 13 Record Drawings 0 3 12 3 3 21 $2,511 Labor Subtotal 33 84 763 131 120 1131 $136,718 EXPENSES: Travel: Cost/Unit Ground Days Miles Mileage $0.580 1040 $603.20 Meals/Lodging $0.00 Misc. Expenses: _ Advertisement Telephone Postage Outside Printing 30 copies plans/specs Sub-Consultants: None Anticipated $0.001 Multiplier I 1.1 $0.00 Subtotal-Labor $136,718.00 Subtotal-Expenses $603.20 Total-CONSTRUCTION SERVICES $137,321.20 G:\Contracts&Task OrdersWakima42020\Wastewater Collection System 2019-12-23 CIPP-Task Order 2020-01.docx Page 7 of 7 la ut :' '7.00 . . 7.4,04 si.10*°' ' . 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